OpenLegislation

Paragraph 2

Northern Ireland

(1)

Subject to paragraphs (2) to (4), the Executive shall not approve an application for a repairs grant unless the Executive is satisfied that on completion of the relevant works the dwelling-house will attain the relevant standard of repair.

(2)

Without prejudice to the discretion of the Executive to approve or decline to approve an application for a repairs grant, if, in the opinion of the Executive, the relevant works are more extensive than is necessary for the purpose of securing that the dwelling-house will attain the relevant standard of repair, the Executive may, with the consent of the applicant, treat the application as varied so that the relevant works include only such works as seem to the Executive to be necessary for that purpose, and may approve the application as so varied.

(3)

Where the Executive is of the opinion—

(a)

that the dwelling-house may be demolished within the period of 5 years from the date on which it received the application for the repairs grant; or

(b)

that, notwithstanding that the relevant works are completed, the dwelling-house will, within that period become unfit for human habitation and will, at the expiration of that period, be incapable of being rendered fit at reasonable expense,

the Executive may dispense with the condition in paragraph (1).

(4)

In determining for the purposes of this paragraph whether a dwelling-house meets the relevant standard of repair, regard shall be had to F1the works specified in the notice of disrepair served under Article 19 of the Private Tenancies (Northern Ireland) Order 2006 in relation to the dwelling-house or, as the case may be, to the requirements of the notice served under F2section 65 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 in relation to the dwelling-house.

Annotations

Textual amendments

F1

Words in Sch. 3 para. 2(4) substituted (1.4.2007) by Private Tenancies (Northern Ireland) Order 2006 (S.I. 2006/1459 (N.I. 10)), arts. 1(3), 29(5) (with (6); S.R. 2006/428, art. 3(a)

F2

Words in Sch. 3 para. 2(4) substituted (1.4.2012) by Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (c. 23), s. 78, Sch. 3 para. 12(2); S.R. 2012/13, art. 2(2), Sch. 2

Notes on the whole Order

Textual amendments

F1

functions transf. by SR 1999/481